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14 April 2011 / David Burrows
Issue: 7461 + 7462 / Categories: Features , Mediation , Family
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Under new rule (3)

In his third FPR update David Burrows looks at costs savings, case management & mediation

Few would disagree that the legal costs associated with most litigation are a blight on the finances of many of the parties involved. With family proceedings, the problem is at its most stark where, often, the parties’ means and the lawyers fees are part of the assets and liabilities over which much family litigation rages.

An argument can be advanced that the new Family Procedure Rules 2010 (FPR 2010) do little to assist with costs savings. The new rules can be seen—sometimes by omission, sometimes almost deliberately—as stoking up costs: many rules lack logic and will be expensive for the judges to clarify; disclosure rules are confused and aspects of rules as to expert evidence (eg, instruction of joint experts) are deliberately more expensive than under CPR 1998.

This article, the third in the present series, looks at two particular aspects of the scheme which are central to costs saving, and which are new to

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MOVERS & SHAKERS

Freeths—Mark Price

Freeths—Mark Price

Freeths strengthens restructuring and insolvency team with partner appointment

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF—Caroline Featherstone, Victoria Neil & Matt Lewsey

DWF strengthens public inquiries team with trio of high-profile appointments

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Excello Law—Claire-Elaine Arthurs, Rhian Horwill & Caroline Lamming-Chowen

Three-lawyer team hire boosts Excello Law’s property litigation practice

NEWS
Indemnity costs remain exceptional, but parties cannot ignore a case that deteriorates around them. In Lawrence v Associated Newspapers, Mr Justice Nicklin ordered the claimants to pay indemnity costs after finding their conduct, viewed cumulatively, fell ‘well outside the norm’
Public law is in flux following reversals and robust appellate intervention, according to the latest public law update by the team at HSFK for NLJ
Neurotechnology is turning the human mind into an operational domain, exposing gaps in the laws of war
Foreign judgment creditors have gained a route to recovery after the Supreme Court’s ruling in Drelle v Servis-Terminal
Surrogacy is growing in popularity, but parents-to-be face a complex legal framework
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